A/66/256
the success of the mission. The
the protection of civilians as
including in the context of
proportionality and distinction
armed actors; it is only through
children can be avoided.
rules of engagement of armed forces must stipulate
a foremost consideration in military operations,
counter-insurgency activities. The principles of
must be upheld in today’s conflict settings by all
respect for these principles that the victimization of
25. The Special Representative reiterates her call for the development of directives
and standard operating procedures to ensure that military operations are conducted
in conformity with applicable international humanitarian law and safeguard the
protection of civilians, including children. During the reporting period, standard
operating procedures have been developed by the Ugandan army, with the support of
the Office of the Special Representative, to ensure the protection of children
captured by, or in the custody of, the armed forces during operations against the
Lord’s Resistance Army (LRA). The Special Representative reiterates her call to all
relevant military actors, including armed forces, multinational forces and
peacekeeping operations, to implement as a matter of priority the minimum set of
measures highlighted in the annex to the present report.
3.
Detention and prosecution of children associated with armed groups
26. States are increasingly arresting and detaining children for alleged association
with armed groups. Children who are captured and placed in detention are
sometimes kept in conditions which do not meet the minimum standards set out in
various international legal instruments.
27. In some situations, States place children in administrative detention, rather
than charging them with a criminal offence and bringing them before a court. These
children are often detained for long periods without being granted access to a lawyer
and without other legal safeguards being applied. Evidence abounds that, when
deprived of their liberty, children are particularly vulnerable to human rights abuses,
including degrading and inhuman treatment and/or acts tantamount to torture.
28. In other situations, States charge children for allegedly having committed acts
during their association with an armed group that are regarded as crimes under
national or international law. These children sometimes languish in prolonged
pretrial detention without access to legal assistance. In addition, trials before
national courts or military tribunals do not generally apply juvenile justice standards
and due process safeguards. As a result, children are frequently tried without legal
representation or assistance, are not accompanied by their parents or a legal
guardian and do not have a clear understanding of the charges brought against them.
29. Given the often forced nature of their association with armed groups, and
considering their age, children should be treated primarily as victims, not as
perpetrators. Emphasis should be placed on prosecuting individuals based on the
concept of command responsibility. States should also prosecute adult recruiters and
commanders not only for the crime of child recruitment, but also for other crimes
they may have forced children to commit.
30. The detention and prosecution of children for crimes arising from active
participation in hostilities should always be a measure of last resort. Many children
who are charged with such crimes may themselves have been forced or enticed to
join armed groups. During their association with an armed group, children are often
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